87500 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Notices 

DEPARTMENT OF VETERANS 

AFFAIRS 

[OMB Control No. 2900–0556] 

Agency Information Collection 

Activity: VA Advance Directive: 

Durable Power of Attorney for Health 

Care and Living Will 

AGENCY: Veterans Health 

Administration, Department of Veterans 

Affairs. 

ACTION: Notice. 

SUMMARY: Veterans Health 

Administration (VHA), Department of 

Veterans Affairs (VA), is announcing an 

opportunity for public comment on the 

proposed collection of certain 

information by the agency. Under the 

Paperwork Reduction Act (PRA) of 

1995, Federal agencies are required to 

publish notice in the Federal Register 

concerning each proposed collection of 

information, including each proposed 

extension of a currently approved 

collection, and allow 60 days for public 

comment in response to the notice. 

DATES: Written comments and 

recommendations on the proposed 

collection of information should be 

received on or before February 16, 2024. 

ADDRESSES: Submit written comments 

on the collection of information through 

Federal Docket Management System 

(FDMS) at www.Regulations.gov or to 

Grant Bennett, Office of Regulations, 

Appeals, and Policy (10BRAP), 

Department of Veterans Affairs, 810 

Vermont Avenue NW, Washington, DC 

20420 or email to Grant.Bennett@va.gov. 

Please refer to ‘‘OMB Control No. 2900– 

0556’’ in any correspondence. During 

the comment period, comments may be 

viewed online through FDMS. 

FOR FURTHER INFORMATION CONTACT: 

Maribel Aponte, Office of Enterprise 

and Integration, Data Governance 

Analytics (008), 810 Vermont Avenue 

NW, Washington, DC 20420, (202) 266– 

4688 or email maribel.aponte@va.gov. 

Please refer to ‘‘OMB Control No. 2900– 

0556’’ in any correspondence. 

SUPPLEMENTARY INFORMATION: Under the 

PRA of 1995, Federal agencies must 

obtain approval from the Office of 

Management and Budget (OMB) for each 

collection of information they conduct 

or sponsor. This request for comment is 

being made pursuant to section 

3506(c)(2)(A) of the PRA. 

With respect to the following 

collection of information, VHA invites 

comments on: (1) whether the proposed 

collection of information is necessary 

for the proper performance of VHA’s 

functions, including whether the 

information will have practical utility; 

(2) the accuracy of VHA’s estimate of

the burden of the proposed collection of

information; (3) ways to enhance the

quality, utility, and clarity of the

information to be collected; and (4)

ways to minimize the burden of the

collection of information on

respondents, including through the use

of automated collection techniques or

the use of other forms of information

technology.

Authority: Public Law 104–13; 44 

U.S.C. 3501–3521. 

Title: Advance Directive: Durable 

Power of Attorney for Health Care and 

Living Will, VA Form 10–0137. 

OMB Control Number: 2900–0556. 

Type of Review: Extension of a 

currently approved collection. 

Abstract: Section 7331 of title 38, 

United States Code (U.S.C.), requires, in 

relevant part, that the Secretary of 

Veterans Affairs, upon the 

recommendation of the Under Secretary 

for Health, prescribe regulations to 

ensure, to the maximum extent 

practicable, that all Department of 

Veterans Affairs (VA) patient care be 

carried out only with the full and 

informed consent of the patient, or in 

appropriate cases, a representative 

thereof. Based on VA’s interpretation of 

this statute and our mandate in 38 

U.S.C. 7301(b) to provide a complete 

medical and hospital service, we 

recognize that patients with decisionmaking capacity have the right to state 

their treatment preferences in a VA or 

other valid advance directive. 

VA Form 10–0137, VA Advance 

Directive: Durable Power of Attorney for 

Health Care and Living Will, is the VA 

recognized legal document that permits 

VA patients to designate a health care 

agent and/or specify preferences for 

future health care. The VA Advance 

Directive is invoked if a patient becomes 

unable to make health care decisions for 

himself or herself. Use of the VA 

Advance Directive is specified in VHA 

Handbook 1004.02, Advance Care 

Planning and Management of Advance 

Directives. Veterans’ rights to designate 

a health care agent and specify health 

care preferences in advance are codified 

in 38 CFR 17.32. This regulation also 

obligates VA to recognize advance 

directives and to use the information 

contained therein when health care 

decisions must be made for a patient 

that has lost decision making capacity. 

VA Form 10–0137 (both English and 

Spanish-English language versions) has 

a current OMB Paperwork Reduction 

Act (PRA) clearance under OMB Control 

Number 2900–0556. In addition, 2900– 

0556 now includes the collection of a 

‘‘Close Personal Friend Statement’’ for 

incapacitated Veterans who have not 

completed an Advance Directive and are 

in need of health care. When a Veteran 

is incapacitated and does not have an 

Advance Directive, the VA regulations 

allow a statement to be submitted from 

a ‘‘Close Personal Friend’’ who will be 

responsible for making health care 

decisions on behalf of the Veteran. It is 

estimated that 300 such statements will 

be collected annually. VA seeks to 

renew the PRA clearance for the 

information collection under OMB 

Control Number 2900–0556. 

VA Form 10–0137 

Affected Public: Individuals and 

households. 

Estimated Annual Burden: 171,811 

hours. 

Estimated Average Burden per 

Respondent: 30 minutes. 

Frequency of Response: Once 

annually. 

Estimated Number of Respondents: 

343,622. 

Close Personal Friend Statement 

Affected Public: Individuals and 

households. 

Estimated Annual Burden: 50 hours. 

Estimated Average Burden per 

Respondent: 10 minutes. 

Frequency of Response: Once 

annually. 

Estimated Number of Respondents: 

300. 

By direction of the Secretary. 

Maribel Aponte, 

VA PRA Clearance Officer, Office of 

Enterprise and Integration/Data Governance 

Analytics, Department of Veterans Affairs. 

[FR Doc. 2023–27656 Filed 12–15–23; 8:45 am] 


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